MAS - Smartprocure Fedmine, LLC - GS35F0267X

DOC document 551 KB

Attached to
Federal Supply Schedule GS35F0267X Federal contract IDV
Contract number
GS35F0267X
Issued by
GSA Federal Acquisition Service

About this file

This document contains a Federal Supply Schedule (FSS) price list and contract information for the Multiple Award Schedule contract GS-35F-0267X held by Smart Procure Fedmine, LLC.

The contract provides Electronic Commerce and Subscription Services under SIN 54151ECOM. It includes a variety of product options and pricing for the FEDMINE software application, including tiered subscription levels, additional user licenses, and download packages. Key details include the contract period from March 2021 to March 2026, a maximum order value of $500,000, and a small business designation for the contractor. The price list provides descriptions of the various FEDMINE products and associated pricing, ranging from a basic subscription at $2,919.90 to a premium package at $6,652.39 per user per year.

Fedmine LLC - Fedmine.us - Pricelist and/or Vendor Terms and Conditions for GS35F0267X, a Federal Supply Schedule awarded to Fedmine LLC - Fedmine.us -, under Information Technology Schedule 70 (IT-70)

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GGEENNEERRAALL SSEERRVVIICCEESS AADDMMIINNIISSTTRRAATTIIOONN

FFeeddeerraall SSuuppppllyy SSeerrvviiccee

MMuullttiippllee AAwwaarrdd SScchheedduullee

On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage! ®, a menu-driven database system.

The INTERNET address GSA Advantage! ® is: GSAAdvantage.gov.

ELECTRONIC COMMERCE AND SUBSCRIPTION SERVICES

FSC/PSC CODE: D304

SIN 54151ECOM - ELECTRONIC COMMERCE AND SUBSCRIPTION SERVICES

Other Data Transmission Services, Not Elsewhere Classified - Except “Voice” and Pager Services

CONTRACT NUMBER: GGSS--3355FF--00226677XX

For more information on ordering from Federal Supply Schedules go to the GSA

Schedules page at GSA.gov.

CONTRACT PERIOD: MARCH 4, 2021 – MARCH 3, 2026

Pricelist current as of Modification # PO-0011 effective February 23, 2022.

SSmmaarrtt PPrrooccuurree FFeeddmmiinnee,, LLLLCC 5000 T-Rex Avenue, Suite 200, Boca Raton, FL 33431

Phone: 9900-(954) 420

Fax: (954) 248-1405

Website: www.fedmine.us

Contact for Contract Administration: John Siney

Email for Contract Administration: jsiney@govspend.com

BUSINESS SIZE. SMALL

http://www.fedmine.us/ mailto:jsiney@govspend.com

CUSTOMER INFORMATION

1a.Table of awarded special item number(s) with appropriate cross-reference to item descriptions and awarded price(s).

SIN Description

54151ECOM Electronic Commerce and Subscription Service

OLMs Order-Level Materials (OLMs)

1b.Identification of the lowest priced model number and lowest unit price for that model for each special item number awarded in the contract. This price is the Government price based on a unit of one, exclusive of any quantity/dollar volume, prompt payment, or any other concession affecting price. Those contracts that have unit prices based on the geographic location of the customer, should show the range of the lowest price, and cite the areas to which the prices apply.

SIN Lowest Priced Items Product Description Added Value Features Price

54151ECOM FD01-ICONTRACTOR_SMB_USER Additional User Subscription

i) One additional seat FOR iContractor SMB

$509.82

1c. If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles, experience, functional responsibility and education for those types of employees or subcontractors who will perform services shall be provided. If hourly rates are not applicable, indicate “Not applicable” for this item. See Pricing Below

2.Maximum order. $500,000

3.Minimum order. $100.00

4.Geographic coverage (delivery area). Domestic

5.Point(s) of production (city, county, and State or foreign country). Same as company address

6. Discount from list prices or statement of net price. Government net prices (discounts already deducted). See Attachment.

7.Quantity discounts. None

8.Prompt payment terms. Net 30 days. Information for Ordering Offices: Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions.

9.Foreign items (list items by country of origin). None

10a.Time of delivery. (Contractor insert number of days.) Specified on the Task Order

10b.Expedited Delivery. The Contractor will insert the sentence “Items available for expedited delivery are noted in this price list.” under this heading. The Contractor may use a symbol of its choosing to highlight items in its price lists that have expedited delivery. Contact Contractor

CUSTOMER INFORMATION CONT’D

10c.Overnight and 2-day delivery. The Contractor will indicate whether overnight and 2-day delivery are available. Also, the Contractor will indicate that the schedule customer may contact the Contractor for rates for overnight and 2-day delivery. Contact Contractor

10d.Urgent Requirements. The Contractor will note in its price list the “Urgent Requirements” clause of its contract and advise agencies that they can also contact the Contractor’s representative to effect a faster delivery. Contact Contractor

11.F.O.B. point(s). Destination

12a.Ordering address(es). Smart Procure Fedmine, LLC

5000 T-Rex Avenue, Suite 200

Boca Raton, FL 33431

12b.Ordering procedures: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA’s) are found in Federal Acquisition Regulation (FAR) 8.405-3.

13.Payment address(es). Smart Procure Fedmine, LLC

5000 T-Rex Avenue, Suite 200

Boca Raton, FL 33431

14.Warranty provision. Contractor’s standard commercial warranty.

15.Export packing charges, if applicable. N/A

16.Terms and conditions of rental, maintenance, and repair (if applicable). N/A

17.Terms and conditions of installation (if applicable). See Below

18a.Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices (if applicable). N/A

18b.Terms and conditions for any other services (if applicable). N/A

19.List of service and distribution points (if applicable). N/A

20.List of participating dealers (if applicable). N/A

21.Preventive maintenance (if applicable). N/A

22a.Special attributes such as environmental attributes (e.g., recycled content, energy efficiency, and/or reduced pollutants). N/A

22b.If applicable, indicate that Section 508 compliance information is available on Electronic and Information Technology (EIT) supplies and services and show where full details can be found (e.g.

contractor’s website or other location.) The EIT standards can be found at: www.Section508.gov/.

http://www.section508.gov/

CUSTOMER INFORMATION CONT’D

23.Unique Entity Identifier (UEI) number. XDG7S7Q274R5

24.Notification regarding registration in System for Award Management (SAM) database. Registered

TERMS AND CONDITIONS APPLICABLE TO ELECTRONIC COMMERCE AND

SUBSCRIPTION SERVICES (SPECIAL IDENTIFICATION NUMBER 54151ECOM)

1. SCOPE

The prices, terms and conditions stated under Special Item Number 54151ECOM Electronic Commerce (EC)

Services apply exclusively to EC Services within the scope of this Information Technology Schedule.

2. ELECTRONIC COMMERCE CAPACITY AND COVERAGE

The Ordering Activity shall specify the capacity and coverage required as part of the initial requirement.

3. INFORMATION ASSURANCE

a. The Ordering Activity is responsible for ensuring to the maximum extent practicable that each requirement issued is in compliance with the Federal Information Security Management Act (FISMA)

b. The Ordering Activity shall assign an impact level (per Federal Information Processing Standards Publication

199 & 200 (FIPS 199, “Standards for Security Categorization of Federal Information and Information

Systems”) (FIPS 200, “Minimum Security Requirements for Federal Information and Information Systems”) prior to issuing the initial statement of work. Evaluations shall consider the extent to which each proposed service accommodates the necessary security controls based upon the assigned impact level. The Contractor awarded SIN 54151ECOM is capable of meeting at least the minimum security requirements assigned against a low-impact information system (per FIPS 200).

c. The Ordering Activity reserves the right to independently evaluate, audit, and verify the FISMA compliance for any proposed or awarded Electronic Commerce services. All FISMA certification, accreditation, and evaluation activities are the responsibility of the ordering activity.

4. DELIVERY SCHEDULE.

The Ordering Activity shall specify the delivery schedule as part of the initial requirement. The Delivery Schedule options are found in Information for Ordering Activities Applicable to All Special Item Numbers, paragraph 6.

Delivery Schedule.

5. INTEROPERABILITY.

When an Ordering Activity requires interoperability, this requirement shall be included as part of the initial requirement. Interfaces may be identified as interoperable on the basis of participation in a sponsored program acceptable to the Ordering Activity. Any such access or interoperability with teleports/gateways and provisioning of enterprise service access will be defined in the individual requirement.

6. ORDER

a. Agencies may use written orders, EDI orders, blanket purchase agreements, individual purchase orders, or task orders for ordering electronic services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period; all electronic services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232-19 (Deviation – May 2003) Availability of Funds for the Next Fiscal Year. The purchase order shall specify the availability of funds and the period for which funds are available.

b. All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract, the contract will take precedence.

7. PERFORMANCE OF ELECTRONIC SERVICES

The Contractor shall provide electronic services on the date agreed to by the Contractor and the ordering activity.

8. RESPONSIBILITIES OF THE CONTRACTOR

The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City, or otherwise) covering work of this character.

9. RIGHTS IN DATA

The Contractor shall comply FAR 52.227-14 RIGHTS IN DATA – GENERAL and with all laws, ordinances, and regulations (Federal, State, City, or otherwise) covering work of this character.

10. ACCEPTANCE TESTING

If requested by the ordering activity the Contractor shall provide acceptance test plans and procedures for ordering activity approval. The Contractor shall perform acceptance testing of the systems for ordering activity approval in accordance with the approved test procedures.

11. WARRANTY

The Contractor shall provide a warranty covering each Contractor-provided electronic commerce service. The minimum duration of the warranty shall be the duration of the manufacturer’s commercial warranty for the item listed below:

See Warranty Below

The warranty shall commence upon the later of the following:

a. Activation of the user’s service

b. Installation/delivery of the equipment

The Contractor, by repair or replacement of the defective item, shall complete all warranty services within five working days of notification of the defect. Warranty service shall be deemed complete when the user has possession of the repaired or replaced item. If the Contractor renders warranty service by replacement, the user shall return the defective item(s) to the Contractor as soon as possible but not later than ten (10) working days after notification.

12. MANAGEMENT AND OPERATIONS PRICING

The Contractor shall provide management and operations pricing on a uniform basis. All management and operations requirements for which pricing elements are not specified shall be provided as part of the basic service.

13. TRAINING

The Contractor shall provide normal commercial installation, operation, maintenance, and engineering interface training on the system. If there is a separate charge, indicate below:

None

14. MONTHLY REPORTS

In accordance with commercial practices, the Contractor may furnish the ordering activity/user with a monthly summary ordering activity report.

14. ELECTRONIC COMMERCE SERVICE PLAN

(a) Describe the electronic service plan and eligibility requirements.

See Pricelist Below

(b) Describe charges, if any, for additional usage guidelines.

See Pricelist Below

(c) Describe corporate volume discounts and eligibility requirements, if any.

None

15. DESCRIPTION OF ELECTRONIC COMMERCE (EC) SERVICES AND PRICING

GGSSAA PPRRIICCEE

IIdd PPrroodduucctt PPrroodduucctt DDeessccrriippttiioonn AAddddeedd VVaalluuee FFeeaattuurreess PPrrooppoosseedd

PPrriicceelliisstt

1 FD_ICONTRACTOR_SMB FEDMINE One User Annual Subscription for Small Business Only

Basic Subscription, no downloads, without FAADS $2,919.90

2 FD_ICONTRACTOR_PLUS FEDMINE One User Annual Subscription inclusive of all iContractor_SMB features

5,000 downloads, including the FAADS database $3,846.85

3 FD_ICONTRACTOR_PRO FEDMINE One User Annual Subscription inclusive of all iContractor_PLUS features

i) Two Additional Seats with this package

ii) 20,000 downloads

$4,738.04

4 FD_GOVPRO_GOALING_SUITE FEDMINE One User Annual Subscription inclusive of all iContractor_PLUS features Plus

i) Federal Goaling Reports Suite for each agency, bureau, with tracking to each Contracting

$4,738.04

IIdd PPrroodduucctt PPrroodduucctt DDeessccrriippttiioonn AAddddeedd VVaalluuee FFeeaattuurreess PPrrooppoosseedd

PPrriicceelliisstt the GOVPRO GOALING Suite Office

ii) 20,000 additional downloads

5 FD_GOVPRO_ANOMALY_OPTIO

N

FEDMINE Optional add on to

FD_GOVPRO_GOALING_SUITE

i) OPTIONAL - Federal Anomaly Reports Suite (subject to authorization by SBA)

ii) One additional seat

$2,823.68

6 FD_GOVPRO_PREMIUM FEDMINE One User Annual Subscription inclusive of the Federal Goaling Suite Plus the Federal Anomaly Reports Suite

BUNDLED WITH TWO SUITES:

i) Federal Anomaly Reports Suite (subject to authorization by SBA)

ii) Federal Goaling Reports Suite

iii) Two Additional Seats with this package

$6,652.39

7 FD_MAAS_40_SESSION_2 Maintenance As A Service (40 hr package for customizations to existing reports) Flat Price

OPTION MAY BE PURCHASED

WITH ANY PACKAGE

INCLUSIVE OF PACKAGE

FD_TRAINING_SESSION_3

$4,738.04

ADDITIONAL USER OPTIONS

8 FD01-

ICONTRACTOR_SMB_USER

Additional User Subscription i) One additional seat FOR iContractor SMB

$509.82

9 FD01-

ICONTRACTOR_PLUS_USER

Additional User Subscription i) One additional seat FOR iContractor Plus

$576.32

10 FD01-

ICONTRACTOR_PRO_USER

Additional User Subscription i) One additional seat OPTION FOR iContractor Pro

$664.99

11 FD01-GOVPRO_GOALING_USER Additional User Subscription i) One additional seat OPTION

WITH GOVPRO GOALING SUITE

PACKAGE

$909.32

12 FD01-GOVPRO_PREMIUM_USER Additional User Subscription OPTION MAY BE PURCHASED

ONLY WITH A GOVPRO

$1,285.64

DOWNLOAD & ADDITIONAL USER PACKAGES /OPTIONS

13 FD01-20K_ICONTRACTOR_DWN Additional Downloads 20,000 DOWNLOADS – WITH ANY

ICONTRACTOR SUITE

$909.32

14 FD01-50K_ICONTRACTOR_DWN Additional Downloads 50,000 DOWNLOADS – WITH ANY

ICONTRACTOR SUITE

$1,387.91

15 FD01-

100K_ICONTRACTOR_DWN

Additional Downloads 100,000 DOWNLOADS – WITH

ANY ICONTRACTOR SUITE

$2,823.68

16 FD01-50K_THREE_USERS_DWN Additional Downloads & Seats Special

i) 50,000 DOWNLOADS – WITH

ANY ICONTRACTOR SUITE, PLUS

ii) Additional 3 USERS

$4,738.04

17 FD01-UNLIMITED_DWN Unlimited Download Units i) UNLIMITED DOWNLOADS WITH

ANY ICONTRACTOR OR GOVPRO

SUITE

$12,395.47

Online Access License

Smart Procure Fedmine, LLC (FEDMINE) END USER ONLINE ACCESS & LICENSE

AGREEMENT

IMPORTANT: YOU SHOULD CAREFULLY READ THIS LEGAL AGREEMENT BEFORE USING THIS

SOFTWARE. THIS AGREEMENT IS THE ONE YOU ACCEPTED WHEN YOU SIGNED UP FOR OUR FREE

ONLINE TRIAL, OR WHEN YOU PURCHASED ONE OF OUR ONLINE PRODUCTS.

THEREFORE, BY ACCESSING THE FEDMINE ONLINE SOFTWARE FOR A FREE TRIAL OR THROUGH A

FEDMINE PAID SUBSCRIPTION, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS

AGREEMENT AND AGREE THAT YOU WILL BE LEGALLY BOUND BY THEM. IF THESE TERMS AND

CONDITIONS ARE NOT ACCEPTABLE TO YOU, DO NOT CONTINUE ANY FURTHER ACCESS TO THIS

SOFTWARE, AND CALL 301-279-7575 IMMEDIATELY.

FEDMINE TRIAL AND FEDMINE PAID SUBSCRIPTION LICENSE TERMS

FEDMINE is the rightful owner of all trademarks, future patents and improvements, and all other patents and trademarks, including pending patents if any, in connection to all forms of the FEDMINE software application, including online versions and desktop computer based installations, and hereby grants you ("Customer") a license to access the online version of a FEDMINE product for Trial and/or the online version of a FEDMINE Paid Subscription after receipt of payment, including available on-line documentation, for your use and/ or evaluation of FEDMINE, subject to the separate applicable provisions below. FEDMINE incorporates and includes in the FEDMINE Trial and

FEDMINE Paid Subscription, some free downloadable information, however the rights of its use and access are subject to the same terms and conditions as they are for any paid FEDMINE license access. The rights of any and all versions of the FEDMINE online paid subscription or Trial products, including use of the FEDMINE documentation and knowledgebase, are owned by FEDMINE, inclusive of all FEDMINE web domains, and maintenance releases of the program.

For purposes of the provisions contained below, the term "Customer" or "Client" shall apply to, or be defined as, a US or foreign government agency or sub-agency, an organizational unit within a department of a domestic or foreign government agency, sovereign state, defense or military organization, or other United States federal, state, municipal, local or county government, all forms of legal entities such as but not limited to legally formed corporations, religious institutions, colleges and universities and all other educational institutions around the globe, all authorized forms of legal organizations allowed to conduct business as per the laws of their respective jurisdictions both domestic and foreign, limited liability firms, Sole Proprietors, etc., whether incorporated outside of the United States of America or not, including organizational units of domestic and foreign entities of all forms of governments, military organizations and legal business entities, quasi government departments and government owned corporations, trade associations, non-profit organizations and all forms of professional organizations, trade or other commercial entities authorized to do business in or from the jurisdiction they are headquartered or conduct business from, other international corporations authorized to do business in the United States of America, resellers, partners, or any other individual or legal entity that can avail the products and or services offered by FEDMINE, LLC, including FEDMINE, unless expressly stated otherwise.

I. LICENSE FOR TRIAL VERSION OF FEDMINE (FEDMINE TRIAL)

Customer may access a Free FEDMINE Trial Subscription to access the FEDMINE application for duration of the Trial

Period, starting on the date of first login into FEDMINE. Customer may purchase a FEDMINE Online Paid

Subscription product at the end of a Trial Period if deemed necessary; however, each Customer is allowed only one

Free FEDMINE Trial over a 90-day period, and no more than two FEDMINE Trials in a given calendar year.

Customer agrees that the FEDMINE Trial and FEDMINE Paid Subscription, may contain certain limitations, whether actual or perceived by Customer, and if informed by Customer of such limitations, FEDMINE may choose to cure such limitations, change or delete the limitation in its entirety, or enhance it over time, or otherwise exercise its sole discretion in connection with any and all limitations without notice or obligation on the part of FEDMINE to inform the

Customer. It is the Customer's responsibility to evaluate such real or perceived limitations at their own time and expense, and abide by them during the paid use of FEDMINE. The Customer agrees to be legally bound by such limitations when using any form of FEDMINE, whether a Trial version or paid subscription.

II. LICENSE FOR ALL VERSIONS OF A FEDMINE ONLINE SUBSCRIPTION

A Customer who purchases a license to an annual subscription license for access to whole or certain portions of a

FEDMINE Paid Subscription, is granted a non-exclusive user access license to only access the purchased portion(s) of a FEDMINE Paid Subscription to the maximum allowed number of user licenses on the subscription. No other use or access is allowed. FEDMINE enforces provisions of this Agreement limiting Customer use of its online products to the appropriate number of concurrent access licenses purchased by the original Customer only.

If a Customer has more potential users than the license allows, Customer may purchase additional FEDMINE pre-paid

Subscription access licenses for each additional user the Customer wishes to grant access to use FEDMINE.

Customer is strictly prohibited from using the FEDMINE Paid Subscription for commercial timesharing, sub-letting their license to their vendors and partners, their subsidiaries, or any other entity other than itself. The access license is for a unique entity, and a unique entity defined for the purpose of a FEDMINE Online Paid Subscription will be according to the rules established by the Internal Revenue Service, US Department of Treasury, United States Of

America for classifying what constitutes an individual tax paying entity. Customer further agrees to not rent any portion of their FEDMINE Paid Subscription license to any third parties.

ONLINE ACTIVATION: Customer hereby agrees and accepts the FEDMINE online payment and activation process as the preferred payment method for any and all FEDMINE Paid Online Subscription Products. From time to time, FEDMINE may check the validity of a Customer accessing its online products by contacting an Internet Authority, and/ or a third party certificate authority server for authentication purposes. Customer agrees that prior to gaining access to any paid or trial online access to the FEDMINE application, it shall abide by this authentication process if deemed necessary.

FEDMINE PAID SUBSCRIPTION USERS MANAGEMENT SYSTEM: Data saved by Customer during access and use of the FEDMINE Paid Subscription online access is stored in the FEDMINE Paid Subscription User System.

Customer agrees that the Customer does not own this data, except that it has the rights to access and use the data if it remains in good standing as a paid Online Subscriber.

Customer allows FEDMINE to send infrequent product update notifications, newsletters, promotional offers, upgraded feature information, press releases, newly released product information, new or existing vendor partnership announcements, to email and postal addresses stored in the database in the Customer’s file.

REFUNDS: The activation and subsequent use of FEDMINE Paid Subscription begins only when full payment is received by FEDMINE for the appropriate number of licenses purchased by Customer, and it covers the length of term described in the purchased product for Customer's access and use of FEDMINE. No refunds are offered once the service is purchased and activated.

Acceptable forms of payment are in US dollars from US based clients, and acceptable currency from international clients subject to the proper calculation in US dollars of the exchange rate from that currency to the agreed upon US dollar price. All discrepancies in calculation of currency exchange amounts will be settled by and be in favor of the US dollar by default.

PURCHASE ORDERS: Only United States Government Customers may purchase the FEDMINE Paid Subscription with an issuance of a valid government purchase order, for payment to be made within thirty days.

All Customers not in good standing by virtue of not fulfilling payment obligations that grant access to the online application, and do not cure outstanding dues in a period of time that is customarily reasonable within the online software industry, will be subject to the immediate denial of access to a FEDMINE Paid Subscription service.

Exceptions to this policy are at the sole discretion of FEDMINE.

III. COPYRIGHT AND DATA CONSISTENCY PROVISIONS

Customer shall not remove any data, product identification, copyright notices, privacy policy, or download FEDMINE owned trademarks and registered names, or other notices or proprietary restrictions contained in the FEDMINE online application without first consulting with FEDMINE. Regardless of this, no content extraction is allowed of any kind, and no data downloaded from FEDMINE may be imported into another application for commercial or non-commercial use, without expressed written authorization from FEDMINE.

Customer shall not cause or permit to cause reverse engineering, disassembly, copying, downloading application source code files, or de-compilation of the FEDMINE online application in any manner whatsoever.

COPYRIGHT/OWNERSHIP OF DATA & SOFTWARE: FEDMINE is the proprietary product of FEDMINE, LLC, and is protected by copyright & copyright infringement laws, trade secret acts, or any and all applicable intellectual property laws it can legally benefit from.

When a Customer purchases a FEDMINE Online Subscription License, it acquires only the right to access the online

FEDMINE application for the Term the purchase covers, and does not in any manner acquire any rights, expressed or implied, in the FEDMINE product or media containing the FEDMINE application, regardless of any misinterpretation of the language specified in this License Agreement.

FEDMINE, LLC shall at all times during any Client Subscription, retain all rights, title, interest, including intellectual property rights, and all FEDMINE media and software containing the FEDMINE application and trademarks.

NON-TRANSMISSION OF PERSONAL DATA: FEDMINE collects subscription specific and non-subscription information about its users who access its web servers, such as but not limited to the number of times a user logs in to access the FEDMINE application, number of downloads made by Customer, unsuccessful login attempts, and other similar information. FEDMINE does NOT transmit any data that is contained in the database to other servers on the

Internet. If a Customer's computer has automated means in their software that helps pre-fill forms that are inadvertently submitted to FEDMINE, or causes FEDMINE to accept an online form with personal data from Customer, then

Customer understands that the submission of this will result in data being sent over the Internet by Customer at the sole risk of Customer, and shall be deemed to have been voluntarily submitted by Customer to FEDMINE. In any event, Customer may request FEDMINE to expunge such information from its database forever, and FEDMINE agrees that it shall not transmit any kind of data received from a Customer to any third party in a non-routine manner.

TRANSMISSION OF DATA IN AUTO-UPDATE: FEDMINE communicates the availability of any update or new version or other security patches approximately once a month directly to its online application. If it finds a version that is newer than the version that you (the Customer) are accessing, FEDMINE installs that update. This does not affect customer data in any manner whatsoever.

DATA CONSISTENCY: Even though FEDMINE constantly strives to keep its data updated from various government or non-government sources, data is not guaranteed to be in its most current status from the sources we update our information from, and for this reason Customer understands that there may be times information appearing in our system may not be as expected. For this reason, data accuracy and consistency is deemed to be beyond our control.

Additionally, data elements that change frequently, such as data pertinent to a E-mail address, telephone number, street address, alternate email addresses in an organization, Cage Code, DUNS number, Level of Secret clearance of facility and employees, and any data pertinent to a company’s employees, titles, principals, socio economic status, and overall existence may not be current at all times and may even become unavailable for any reason during the paid Online

Subscription of the Customer. FEDMINE is not liable for data the Customer feels should be different for any reason.

FEDMINE may at its discretion decide to augment any missing data from new government and non-government sources of information as necessary to counter the non-availability of missing corporate data, however the availability and subsequent reliability of that data cannot be guaranteed at this or any other time.

A Customer’s most current corporate data may at times be different from similar data stored in FEDMINE. Customers are allowed to edit Registration Data as deemed appropriate, however, for security reasons certain fields are unavailable to be updated by Customers. This is purely to maintain the original form and authenticity of the data as much as possible. Please call FEDMINE if you as the Customer would like to suggest making a change to your corporate data elements that appear restricted for editing. FEDMINE does not guarantee that all changes will be accommodated, but we will work with you to resolve outdated data related to your company in our database. FEDMINE works hard to keep registration data as accurate and complete as possible, however, sometimes it is possible some entire fields may not be present at all (empty values in all fields).

IV. WARRANTY

THE WARRANTY PERIOD IS ONE YEAR

NO WARRANTIES OF ANY KIND: FEDMINE IS PROVIDED "AS IS" WITHOUT AN ASSOCIATED

WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER FEDMINE or FEDMINE WARRANT THAT THE FUNCTIONS CONTAINED IN FEDMINE WILL

MEET YOUR REQUIREMENTS OR OPERATE IN AN ENVIRONMENT CREATED BY YOU, NOR THAT THE

OPERATION OF FEDMINE WILL BE UNINTERRUPTED OR WITHOUT ERROR, OR ALL IDENTIFIED

ERRORS WILL BE CORRECTED. THE RISK, HOWEVER SMALL, IN CONNECTION WITH THE

PERFORMANCE OF FEDMINE IS WITH THE CUSTOMER.

FEDMINE FURTHER HAS NO ABILITY TO WARRANT THAT CUSTOMER INFORMATION STORED IN

FEDMINE WILL NOT BE STOLEN OR OTHERWISE ACQUIRED BY DEPARTING EMPLOYEES OR THIRD

PARTIES OR TRANSFERRED IN A MERGER OR AN ACQUISITION OF THE COMPANY, SUCH AS THE

SALE OF ALL ITS PRODUCTS TO ANOTHER OWNER, PERSON, COMPANY OR ENTITY.

LIMITATION OF LIABILITY: NEITHER FEDMINE OR FEDMINE NOR ANY OF ITS LICENSORS SHALL BE

LIABLE FOR ANY DAMAGES CAUSED BY THE USE OR ACCESS OF FEDMINE BY CUSTOMER

INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, REVENUE, DATA, HOWEVER INCURRED BY

CUSTOMER OR ANY THIRD PARTY DURING USE OF FEDMINE, EVEN IF FEDMINE HAS BEEN ADVISED

OF THE POSSIBILITY OF SUCH DAMAGES.

TERMINATION: This License is effective until the expiry of the term of the license, or until pre-maturely terminated, for any one of the following reasons: through a denial of service due to non-payment of dues or past due balances, unauthorized copying or downloading of data into another system owned by Customer or Affiliate, using your

FEDMINE subscription to aid an unknown third party or a competitor of FEDMINE, reverse engineering the product or using your subscription to aid another third party to reverse engineer the product, copying features of FEDMINE and incorporating those in another application whether commercial or non-commercial use or demonstrating the FEDMINE application to software developers for possible copying and plagiarism, or otherwise using your subscription for purposes other than those for which the software is intended. The license will also expire upon the expiration of any

FREE Trial period whenever applicable.

This License will terminate immediately without notice from FEDMINE if the Customer fails to comply with any provision of this License mentioned in the TERMINATION clause above. Upon termination or expiration of this

License Customer agrees to cease trying to login into FEDMINE. Any attempts to login by unorthodox means, such as unauthorized break-ins through use of malicious software code, or by trying to harm the system in a manner to cause monetary or physical loss of data and other property shall be enough grounds for seeking damages or starting a legal action.

TRADEMARKS: FEDMINE (R), FEDMINE Trial, FEDMINE Paid Subscription, FEDCONNECT MarketView, and

FEDMINE, LLC are trademarks and/or trade names owned by FEDMINE, LLC.

ANY UNAUTHORIZED USE OF THESE TRADEMARKS AND/OR TRADE NAMES OR ANY OTHER

INTELLECTUAL PROPERTY OWNED BY FEDMINE OR ITS LICENSORS IS PROHIBITED.

GOVERNMENT CUSTOMERS: If you are acquiring FEDMINE on behalf of any unit or agency of the United

States Government, the following provisions apply. The Government agrees that: (i) if FEDMINE is supplied to the

Department of Defense (DoD), FEDMINE is classified as "Commercial Computer Software" and the government is acquiring only "restricted rights" in FEDMINE and their documentation as that term is defined in Clause 252.227-

7013(c)(1) of the DFARS; and (ii) if FEDMINE is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in FEDMINE and its documentation will be as defined in Clause 52.227-

19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.

EXPORT LAW ASSURANCE: Customer shall comply fully with all laws and regulations of the United States and other countries (Export Laws) to assure that neither FEDMINE, nor any direct products thereof are Exported, directly or indirectly, in violation of Export Laws, or are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. If FEDMINE has been rightfully purchased for online access by Customer that is outside of the United States, the Customer agrees that they will not re-export

FEDMINE nor any other content and technical data received, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which the Customer resides.

JURISDICTION AND DISPUTES: This Agreement shall be governed by and interpreted under the laws of

Montgomery County, in the State of Maryland, and is applicable to contracts made and to be performed within such

State, without giving effect to the conflict of laws principles of such State. The Customer irrevocably submits to the said jurisdiction over any action arising out of or relating to this Agreement. All disputes hereunder shall be resolved in the applicable state or federal courts in Montgomery County, in the State of Maryland, United States Of America.

The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available. In any litigation arising out of this Agreement or related to use or function of FEDMINE, FEDMINE shall be entitled to all legal costs and attorney's fees incurred in mediation, arbitration, and suit and on appeal.

SEVERABILITY: If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect.

COMPLETE AGREEMENT: This License constitutes the entire agreement between FEDMINE and Customer

(parties) with respect to the use of FEDMINE and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of

FEDMINE, LLC.

V. PRIVACY

Smart Procure Fedmine, LLC (FEDMINE) is committed to protecting your Customer privacy online. Our policy explains how we will do this. We always review this policy in the light of comments we receive so please check the latest version. If you have any questions about our privacy policy, please call (954) 420-9900 or email:

jsiney@govspend.com

When you the Customer register for a free trial or become a paying subscriber, we ask your name, e-mail address, postal address, and other relevant personal information. Personal information submitted in this way is added to our secure online password protected database, hosted typically by a third party hosting company. Information is stored at a data center controlled by the third party hosting company, and we host our FEDMINE database at a facility specifically designed to be physically secure and to admit authorized personnel only, who are contractually bound to keep all of our data confidential. All personal information submitted by you into the FEDMINE database system is encoded using 128-bit encryption before being sent over the Internet.

We may use information in our customer databases to send you information about FEDMINE, and our products which we think may be of interest to you, both electronically or otherwise. In the case of subscriptions and free trials, your personal information will also be used to enable us to verify you are a subscriber and to deliver FEDMINE access to you when you need it from anywhere in the world.

If you have registered with us for a free trial, or were a previously paying client in the past and no longer use the service and do not wish for us to send you any further information, please contact us and we will remove you from our

Customer contact lists. Unless you have informed us that you do not wish to receive further information about our products, we may send you direct mail, including e-mail. You may notify us either in writing or by telephone or e-mail that you object to being contacted in a particular stated way. If you use more than one e-mail address to communicate with us, please notify us of each e-mail account you use.

If you are a current subscriber, then we need to store information about you as the current subscriber and free trial

Customer in order to fulfill our contractual requirements to you and in order to provide access to the online database.

We have links to non-FEDMINE web sites on our site. If you visit these sites, they may collect information, and such sites are not within our control and are not covered by this privacy statement.

If we believe that your use of the site is unlawful or damaging to others, we reserve the right to disclose the information we have obtained through the site about you to the extent that it is reasonably necessary in our opinion to prevent, remedy or take action in relation to such conduct.

Use of cookies

Please note: It is desirable that you have cookies enabled to access FEDMINE.

What is a cookie?

Cookies are small files that today’s computer software creates to store information on your computer, not ours.

However, these files transmit data to our servers so that you as the Customer can be authenticated for access into

FEDMINE for the various different sessions you may happen to commence from anywhere in the world.

We do not use cookies to track what other sites you have visited. And we do not look at or track any personal or confidential information about you that you may have stored in other cookies residing on your computer. The use of cookies is strictly confined to secure access to your FEDMINE subscription.

Security When do we share information? We do not sell your personal information to others.

mailto:jsiney@govspend.com

SMART PROCURE FEDMINE. LLC (FEDMINE) PARTNERS: FEDMINE Referral Partners, Reseller Partners, or Authorized Affiliates if any, may use cookies that allow them to track referred customers to FEDMINE or one of its web sites.

CODE OF ETHICS: Customer warrants to FEDMINE that it shall at all times comply with all applicable laws, rules and regulations, ordinances, and shall act in a good professional, efficient, ethical and non-negligent manner during the term of the license to access FEDMINE.

TECHNOLOGY AND CONTENT: All Technology and Content residing at FEDMINE's Internet website(s) which are accessible to the public are the exclusive property of FEDMINE, including, without limitation, all Intellectual

Property Rights pertaining thereto. Nothing in this Agreement shall be construed to grant the Customer any ownership right in, or license to FEDMINE’s Technology or Content, except as expressly provided herein. The Customer shall

NOT decompile, reverse engineer or disassemble any part of the Technology to which access is provided by the

FEDMINE. (See also TERMINATION clause).

INFORMATION FOR PAID TRIAL USERS: If purchasing a Trial package from FEDMINE, you as the Customer are entitled to apply the full paid amount toward any one-year full subscription package by paying the difference between the Trial package price and the Subscription package being purchased/ upgraded to access FEDMINE, provided you notify us no later than 30 days after expiration of your paid trial subscription.

CUSTOMER HEREBY ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT,

UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.

Management

Smart Procurement Fedmine, LLC (FEDMINE)

For more information about FEDMINE products and services, call Smart Procure Fedmine, LLC (FEDMINE) at (954) 420-9900. To access information using the World Wide Web, go to http://www.fedmine.us. © 2004 - 2011 FEDMINE™, LLC. All rights reserved.

DISCLAIMER ABOUT THE DATA

ALL DATA WITHIN FEDMINE™ IS FROM THE FOLLOWING SOURCES: FEDERAL BUSINESS OPPORTUNITIES

(FEDBIZOPPS), THE FEDERAL GRANTS DATABASE, GAO, GENERAL SERVICES ADMINISTRATION, FEDERAL

PROCUREMENT DATA SYSTEM, OFFICE OF MANAGEMENT & BUDGET, CENTRAL CONTRACTOR REGISTRY, CENSUS

BUREAU, DEPARTMENT OF DEFENSE, FIPS, AND THE SMALL BUSINESS ADMINISTRATION. THIS DATA FROM THE

FEDERAL GOVERNMENT IS USED TO CREATE VARIOUS VIEWS OF INFORMATION AND REPORTS WITHIN FEDMINE™, AND FEDMINE™ AND ITS OWNERS MAKE NO WARRANTIES OR GUARANTEES EXPRESS OR IMPLIED TO THE

RELIABILITY OR ACCURACY OF THE DATA. EXCLUDING GOOGLE MAPS, NO DATA WITHIN FEDMINE™ IS FROM A

SOURCE OTHER THAN THE FEDERAL GOVERNMENT.

FEDMINE™ and FEDCONNECT MarketView™ names and related logos if any are registered trademarks, trademarks, or pending trademarks of FEDMINE, LLC in the United States including other countries. The names of other companies if mentioned within

FEDMINE™ or its company website are the trademarks of their respective owners and FEDMINE™ makes no warranties or claims to any affiliation or ownership interest to any of those names express or implied.

Copyright © 2004 - 2011 FEDMINE™ All Rights Reserved http://www.fedmine.us/

Points of Contact

IT

For general questions regarding MAS IT Contracting:

Customer Service Phone: 1-877-446-IT70 (4870)

Email: IT.Center@gsa.gov

For questions regarding eOffer submission or Certifications:

Vendor Support Center visit www.gsa.gov/vsc.

Phone: 1-877-495-4849

For general questions regarding HSPD 12:

Email: hspd12@gsa.gov Phone: 1-703-605-2727

For general questions regarding COMSATCOM:

Email: fasnetworkservice@gsa.gov

Phone: 1-877-387-2001 mailto:IT.Center@gsa.gov http://www.gsa.gov/vsc mailto:hspd12@gsa.gov mailto:fasnetworkservice@gsa.gov

File details come from the government source that posted it. Updated .